Min - City Council - 2004 - 05/11 - RegularALLEN CITY COUNCIL
REGULAR MEETING
MAY 11, 2004
Present:
Stephen Terrell, Mayor
Councilmembers:
With a quorum of the Councilmembers present, the Regular Meeting of the Allen City Council was called to
order by Mayor Terrell at 7:00 p.m. on Tuesday, May 11, 2004, in the Council Chambers of the Allen City
Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop
included:
Briefing Regarding the Proposed Solid Waste Contract.
Pledee of Alleeiance
Public Recoenition
1. Citizens' Comments.
2. Recognition by the City Council, Keep Allen Beautiful Board, Community Waste Disposal, and
the Community Services Department for Winners of the Reuse -u -Shoe Campaign.
• Grand Prize - Lovejoy Elementary
• I" Place Elementary — Lovejoy Elementary
• la Place Individual Classroom -Ms. Shelton's Kindergarten class, Vaughan Elementary
• I" Place Middle School / Freshman Center — Curtis Middle School
Kenneth Fulk, Mayor Pro Tem
Debbie Stout
Ross Obermeyer
Mark Pacheco
Susan Bartlemay
Jeff McGregor
City Staft:
Peter H. Vargas, City Manager
Shelli Siemer, Assistant City Manager
Shelley B. George, City Secretary
'
Peter G. Smith, City Attorney
Call to Order and Announce a Quorum is Present
With a quorum of the Councilmembers present, the Regular Meeting of the Allen City Council was called to
order by Mayor Terrell at 7:00 p.m. on Tuesday, May 11, 2004, in the Council Chambers of the Allen City
Hall, Allen Civic Plaza, 305 Century Parkway, Allen, Texas. Items discussed in the preceding workshop
included:
Briefing Regarding the Proposed Solid Waste Contract.
Pledee of Alleeiance
Public Recoenition
1. Citizens' Comments.
2. Recognition by the City Council, Keep Allen Beautiful Board, Community Waste Disposal, and
the Community Services Department for Winners of the Reuse -u -Shoe Campaign.
• Grand Prize - Lovejoy Elementary
• I" Place Elementary — Lovejoy Elementary
• la Place Individual Classroom -Ms. Shelton's Kindergarten class, Vaughan Elementary
• I" Place Middle School / Freshman Center — Curtis Middle School
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 11, 2004
PAGE
• I" Place Individual Classroom - Mrs Shewmaker's Homeroom Class, Curtis Middle
School
3. Presentation of Proclamations by the Office of the Mayor:
Presentation of a Proclamation to Police Chief William S. Rushing, Corporal Todd Cleveland,
Police Officer of the Year, and Captain Chris Denney Proclaiming the Week of May 9-15, 2004,
as National Police Memorial Week
Presentation of a Proclamation to Police Corporal Ken Myers Proclaiming the Week of May
16-22, 2004, as National Bae Prevention Week.
Presentation of a Proclamation to Steve Massey, Director of Community Services; Choy Garza,
Household Hazardous Waste Maintenance Worker; Eddie Garza, Crew Leader, Streets
Department; Brent Griffin, Crew Leader, Sewer Department; and Dave Roth, Crew Leader,
Water Department, Proclaiming the Week of May 16-22, 2004, as National Public Works Week.
Consent Agenda
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obermeyer,
the Council voted seven (7) for and none (0) opposed to approve and adopt the consent
agenda as follows:
4. Approve Minutes of the April 27, 2004, Regular Meeting.
5. Adopt an Ordinance Authorizing and Allowing a Buy Back Option for Specific Employees with
TMRS (Texas Municipal Retirement System).
ORDINANCE NO. 2283-5-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING AND ALLOWING A BUY BACK
OPTION FOR SPECIFIC EMPLOYEES WITH TMRS (TEXAS MUNICIPAL RETIREMENT
SYSTEM); AND PROVIDING AN EFFECTIVE DATE.
6. Adopt a Resolution Authorizing an Agreement with the State of Texas to Accept the Tobacco
Compliance Grant Award, if Awarded.
RESOLUTION NO. 2284-5-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING AN AGREEMENT WITH THE STATE OF
TEXAS, TO ACCEPT THE TOBACCO COMPLIANCE GRANT AWARD, IF AWARDED; AND
PROVIDING AN EFFECTIVE DATE.
7. Authorize Execution of a Lease Agreement with SkyTel Corporation for a Five -Year Term
with an Option for Five Additional Five -Year Terms at $5,100 per Year with a Rate Increase
of 15% Each Term, for Pager Antennae Placed on the Rowlett Water Tower.
Council authorized the City Manager to execute a lease agreement with SkyTel Corporation for a
five-year term with an option for five additional five-year terms at $5,100 per year with a rate
increase of 15% each tern, for pager antennae placed on the Rowlett Water Tower.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 11, 2004
PAGE
8. Authorize Execution of a Professional Engineering Services Contract with Birkhoff,
Hendricks, and Conway, L.L.P. for an Amount not to exceed $94,300 in Connection with the
Design for Intersection Improvements for the Intersections at Main Street and Jupiter Road;
Park Place Drive and Jupiter Road; and McDermott Drive and US 75 West Frontage Road,
and Approve a Preliminary Budget of $230,000.
Council authorized the City Manager to execute a professional engineering services contract with
Birkhoff, Hendricks, and Conway, L L.P for an amount not to exceed $94,300 in connection with the
design of Intersection Improvements for the intersections at Main Street and Jupiter Road; Park Place
Drive and Jupiter Road; and McDermott Drive and US 75 West Frontage Road and approve a
preliminary budget of $230,000.
9. Authorize Execution of a Change Order to Increase Birkhoff, Hendricks, and Conway, L.L.P.'s
Contract for Professional Services by $8,200, Resulting in a Total Fee of $26,000 to
Compensate for Work and Services not Included in the Original Scope of Work Design of the
Watters Creek Trail Connector Project.
Council authorized the City Manager to execute a change order to increase the professional service
contract with Birkhoff, Hendricks & Conway L.L.P by $8,200, resulting in a total fee of $26,000.
The motion carried.
Regular Aeenda
10. Conduct a Public Hearing and Adopt an Ordinance Approving the Use of a Portion of
Community Park for Exchange Parkway Right -of -Way as Defined by the Parks and Wildlife
Code.
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so.
With no one speaking, Mayor Terrell closed the public hearing
ORDINANCE NO. 2285-5-04: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY. TEXAS, MAKING LEGISLATIVE FINDINGS OF FACT AND
CONCLUSIONS; APPROVING THE USE OF A PORTION OF COMMUNITY PARK FOR
EXCHANGE PARKWAY RIGHT-OF-WAY. AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember McGregor and a second by Councilmember
Bartlemay, the Council voted seven (7) for and none (0) opposed to adopt Ordinance No.
2285-5-04 as previously captioned. The motion carried.
11. Conduct a Public Hearing and Adopt a Resolution Approving the Proposed 2004-2007 CDBG
(Community Development Block Grant) Consolidated Plan and Authorizing the Plan to be
�^ Submitted to the U.S. Department of Housing and Urban Development (HUD) for
Participation in the Community Development Block Grant Program.
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 11, 2004
PAGE 4
Mayor Terrell opened the public hearing and asked for anyone speaking either for or against the
request to do so.
Glenda May, 301 W Boyd, Allen, Texas, did not wish to speak, but requested her support for this
item be recorded.
With no one speaking or no additional comments, Mayor Terrell closed the public hearing.
RESOLUTTON NO. 22865-04(R): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, APPROVING THE 2004-2007 CONSOLIDATED PLAN;
AUTHORIZING ITS SUBMISSION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD), REPEALING ALL RESOLUTIONS M CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Mayor Pro Tem Fulk and a second by Councilmember Obermeyer,
the Council voted seven (7) for and none (0) opposed to adopt Resolution No. 2286-5-04(R)
as previously captioned. The motion carried.
12. Consider all Matters Incident and Related to the Issuance and Sale of $11,700,000 "City of
Allen, Texas, General Obligation Bonds, Series 2004," Dated June 1, 2004, Including the
Receipt of Bids Therefore and the Adoption of an Ordinance Authorizing the Issuance of such
Bonds and Approval of the Paying Agent/Registrar Agreement with JPMorgan Chase Bank.
ORDINANCE NO. 2287-5-04: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY
OF ALLEN, TEXAS, GENERAL OBLIGATION BONDS, SERIES 2004"; SPECIFYING THE
TERMS AND FEATURES OF SAID BONDS, LEVYING A CONTINUING DIRECT ANNUAL
AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; AND RESOLVING OTHER
MATTERS INCIDENT AND RELATED TO THE ISSUANCE, SALE, PAYMENT AND
DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL AND EXECUTION OF A
PAYING AGENT/REGISTRAR AGREEMENT AND THE APPROVAL AND DISTRIBUTION
OF AN OFFICIAL STATEMENT; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Councilmember Bartlemay and a second by Councilmember
Obermeyer, the Council voted seven (7) for and none (0) opposed to accept the bid of
Morgan Stanley DW Inc. for the purchase of $11,700,000 "CITY OF ALLEN, TEXAS,
GENERAL OBLIGATION BONDS, SERIES 2004" at a true interest cost rate of 4 8065%
and adopt Ordinance No. 2287-5-04 as previously captioned authorizing the issuance of such
bonds. The motion carried.
13. Consider all Matters Incident and Related to the Issuance and Sale of "City of Allen, Texas,
Waterworks and Sewer System Revenue Refunding and Improvement Bonds, Series 2004,"
Dated June 1, 2004, Including the Adoption of an Ordinance Authorizing the Issuance of such
Bonds, the Approval of the Paying Agent/Registrar and Escrow Agreements with JPMorgan
Chase Bank, and the Approval of a Bond Purchase Agreement with First Southwest Company
and Estrada, Hinojosa, & Company, Inc
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 11, 2004
PAGES
ORDINANCE NO. 2288-5-04: AN ORDINANCE AUTHORIZING THE ISSUANCE OF "CITY
OF ALLEN, TEXAS, WATERWORKS AND SEWER SYSTEM REVENUE REFUNDING AND
IMPROVEMENT BONDS, SERIES 2004", PLEDGING THE NET REVENUES OF THE CITY'S
COMBINED WATERWORKS AND SEWER SYSTEM TO THE PAYMENT OF THE
PRINCIPAL OF AND INTEREST ON SAID BONDS; ENACTING PROVISIONS INCIDENT
AND RELATED TO THE ISSUANCE, PAYMENT, SECURITY AND DELIVERY OF SAID
BONDS, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING
AGENT/REGISTRAR AGREEMENT, A PURCHASE CONTRACT AND A SPECIAL ESCROW
AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT
PERTAINING THERETO; PROVIDING FOR THE REDEMPTION OF THE BONDS BEING
REFUNDED; AND PROVIDING AN EFFECTIVE DATE.
MOTION: Upon a motion made by Mayor Pro Tem Fulk and a second by Councilmember Stout, the
Council voted seven (7) for and none (0) opposed to adopt Ordinance No. 2288-5-04 as
previously captioned, authorizing the issuance of "CITY OF ALLEN, TEXAS,
WATERWORKS AND SEWER SYSTEM REVENUE REFUNDING AND
IMPROVEMENT BONDS, SERIES 2004" in the aggregate principal amount of $6,710,000;
providing for the redemption of the bonds being refunded; approving and authorizing the
execution of a Paying Agent/Registrar Agreement, a Purchase Contract and a Special Escrow
Agreement in relation to such Bonds and approving and authorizing distribution of the
Official Statement. The motion carried.
■e 14. Motion to Authorize a Joint Agreement with Southwestern Bell Corporation to Change
® Mandatory Extended Area Calling Service to Optional Extended Area Calling Service.
MOTION: Upon a motion made by Councilmember Stout and a second by Councilmember Obenneyer,
the Council voted seven (7) for and none (0) opposed to approve the Joint Agreement with
Southwestern Bell Corporation to provide optional two-way extended area calling service
from the Allen Exchange to the Dallas Metropolitan Exchange. The motion carried.
Other Business.
15. Calendar.
• May 13 — Joint Council/P&Z Workshop/City Hall/5:30 p.m.
• May 15 — General Election/City Hall
• May 31 —City Offices Closed in Observance of Memorial Day
16. Items of Interest.
The regular session recessed at 8:04 p.m.
III
ALLEN CITY COUNCIL
REGULAR MEETING
MAY 11, 2004 PAGE 6
IExecutive
Session
In accordance with the Texas Government Code, Legal, Section 551.071: Property, Section 551.072;
Personnel, Section 551.074; Staff Presentations, Section 551.075; the Allen City Council convened into
Executive Session at 8:20 p.m on Tuesday, May 11, 2004, in the Council Conference Room, 305 Century
Parkway, Allen, Texas, in order to continue discussing matters pertaining to:
• Property — Pursuant to Section 551.072 of the Texas Government Code — Purchase of Real Property
The Executive Session adjourned at 8:38 p.m. on Tuesday, May 11, 2004.
17. Reconvene and Consider Action on Items Discussed during Executive Session.
The Allen City Council reconvened into regular session at 8:39 p.m. on Tuesday, May 11, 2004, in
the Council Chambers of the Allen City Hall. No action was taken on items discussed during
Executive Session.
MOTION: Upon a motion made by Councilmember Smut and a second by Councilmember Bartlemay,
the Council voted seven (7) for and none (0) opposed to adjourn the regular session of the
Allen City Council at 8:40 p.m. on Tuesday, May 11, 2004. The motion carried.
These minutes approved on the 25" day of May, 2004,
APPROVED:
&� f-0 0
Stephen Terrell, MAYOR
11114ItI 7l11
Shelley B. Geo&d, TRMC, CITY MCRETARY